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WIMBERLY v. STATE

CR-00-1772.

931 So.2d 60 (2005)

Shaber Chamond WIMBERLY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand November 23, 2005.

Attorney(s) appearing for the Case

Bill Kominos, Ozark, for appellant.

William H. Pryor, Jr., and Troy King, attys. gen., Margaret Mary (Missy) Fulmer, deputy atty. gen., and Kristi L. Deason Hagood and Corey L. Maze, asst. attys. gen., for appellee.

McMILLAN, Presiding Judge.

The appellant, Shaber Chamond Wimberly, was convicted of five counts of capital murder for murdering Max King and Johneen King during the course of a robbery and a burglary, violations of §§ 13A-5-40(a)(2) and 13A-5-40(a)(4), Ala.Code 1975. The jury recommended, by a vote of 7 to 5, that Wimberly be sentenced to life imprisonment without the possibility of parole. The trial court overrode...

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